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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,764 case citations
Before: Stewart J
Before: Chief Magistrate Walker
Before: Ward P at [1], Adamson JA at [129], Price AJA at [245]
The Court of Appeal held that the Commission did consider whether conditions were needed for Scope 3 emissions, but did not show that it considered how climate change would affect the mine's locality. The latter was a mandatory planning consideration, so the approval was declared invalid. The Land and Environment Court must now consider whether any terms can validate the consent under the statutory conditional-validity process.
Before: Bell CJ at [1]-[19], [22], Payne JA at [20], andStern JA at, [21].
The Court refused to postpone an urgent appeal. The lawyers who had prepared the appeal returned their briefs after funds for their fees were not deposited in trust. The Court considered that the appeal materials were already prepared, that no adequate explanation for the funding failure had been given, and that the dispute about a public company’s board should be resolved quickly. It considered that any response needed to Keybridge’s Notice of Contention could be provided in writing if the issue arose. The Court dismissed the motion with costs. It did not decide the appeal itself.
Before: Galwey AC
Before: Galwey AC
Before: Bryson J
Before: Estcourt J, Brett J, Cuthbertson J, Pearce J
Before: Commissioner P
Before: Austin J